After a car crash, gathering evidence to support your insurance claim or legal case can feel overwhelming. You may find yourself wondering what types of proof will hold up best and help you obtain the compensation you deserve. One increasingly popular tool drivers are turning to is dashcam footage. But just how valuable is this video evidence in car accident cases? The car accident attorneys at Stewart Miller Simmons Trial Attorneys are here to break it down for you.
The Rise of Dashcams
Dashcams or dashboard-mounted cameras, have surged in popularity in recent years. Many drivers appreciate the added sense of security and accountability they provide. In the event of a crash, hit-and-run, road rage incident, or other disputes, dashcam footage can serve as an objective record of what transpired.
In fact, a 2019 survey found that nearly one in five U.S. drivers say they have a dashcam in their vehicle. Experts predict those numbers will only continue to rise as the technology becomes more affordable and accessible.
Dashcam Footage as Evidence
So, what role can dashcam video play in a car accident case? The short answer is that it can serve as extremely valuable evidence — when the footage is clear, relevant, and obtained legally. Dashcam video can help:
- Prove fault and liability: Video doesn’t lie. Clear footage can provide indisputable evidence of who was at fault in a crash, such as showing a driver running a red light or swerving into another lane. This can be especially useful in cases where the other party denies responsibility or tries to blame you.
- Corroborate your version of events: Even if fault seems obvious to you, you may need evidence to back up your side of the story to insurance companies, judges, and juries. Dashcam footage can add credibility to your testimony and help you build a stronger case.
- Refute false claims: Unfortunately, some people try to take advantage of the system by making false or exaggerated claims after an accident. Dashcam video can protect you against these types of allegations by showing what really happened.
- Identify hit-and-run drivers: If you are the victim of a hit-and-run, your dashcam may have captured the fleeing vehicle’s license plate or other identifying details that can aid law enforcement in tracking down the responsible party.
- Document road conditions: Footage may show relevant details like weather conditions, road hazards, or traffic signals that contributed to the crash. This information can help provide important context for your case.
Limits of Dashcam Evidence
While dashcam footage can be immensely useful, it is not a magic bullet. There are some limitations to keep in mind:
- Quality and scope of footage: Not all dashcams are created equal. Low-quality cameras may produce grainy, unclear video. Depending on the camera’s placement and settings, it may not capture the full scene of the accident. Obstructed views or limited angles could fail to show important details.
- Legal issues: It is important to make sure you are following the laws in your state regarding the use of dashcams. Some states have specific regulations about recording video and audio in a vehicle. Additionally, you will need to properly authenticate any dashcam footage you wish to submit as evidence and establish an unbroken chain of custody.
- Video does not replace other evidence: While powerful, dashcam footage should be viewed as a supplement to other important evidence like photos of the accident scene, police reports, witness statements, and medical records. An experienced car accident lawyer can help you build a comprehensive case.
Obtaining and Preserving Dashcam Footage
If you have been in an accident and your vehicle is equipped with a dashcam, it is crucial that you take steps to preserve the footage right away. Here are some tips:
- Call the police and report the accident first before retrieving the footage. Make sure the scene is safe and that you are not interfering with any law enforcement investigation.
- Locate your dashcam’s memory card and remove it as soon as possible after the crash. If your camera has a built-in battery backup, it may continue recording and overwrite the relevant footage.
- Make a backup copy of the video files on your computer or another storage device. Do not alter or edit the footage in any way, as this could undermine its value as evidence.
- Consult with an attorney before you share the footage with anyone else. Your lawyer can advise you on the best way to handle and present the evidence to support your case.
When Dashcam Footage Can Hurt Your Case
While dashcams are often beneficial, there are scenarios where they can work against you. For instance, if the footage reveals that you were distracted, speeding, or engaging in any form of negligent behavior, it could harm your case.
Even seemingly minor infractions, such as rolling through a stop sign or briefly glancing at a phone, may be used to argue that you contributed to the accident. For this reason, it is essential to review your dashcam footage with an attorney before submitting it as evidence.
Besides, it is important to be cautious when sharing footage with an insurance company. Once you hand over the footage, they may analyze it in ways that do not benefit you. Working with an experienced car accident attorney ensures the footage is presented in the most effective way possible.
Helping Protect Your Rights
At Stewart Miller Simmons Trial Attorneys, we believe strongly in the power of evidence to help car accident victims obtain justice and fair compensation. If you have been injured in a crash, we are here to fight for your rights. Our knowledgeable attorneys can review any dashcam footage or other evidence in your case and build a compelling claim on your behalf.
Do not let valuable evidence like dashcam footage go to waste after an accident. Call our office today at (404) 529-3476 to schedule a free consultation with one of our dedicated car accident lawyers. Together, we will work to help you move forward after a crash.